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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Mayor Patrick J. Morris
Subject: Resolution ofthe Mayor and
Common Council of the City of San
Bernardino authorizing the execution of an
agreement with the Sinfonia Mexicana for
the promotion of arts and culture.
MICC Meeting Date: October 3, 2011
Dept: Mayor's Office
Date: September 20,2011
Synopsis of Previous Council Action:
September 20,2010 - Resolution # 2010 - 322 Council authorized and approved the agreement
and grant in the amount of$51,850.
October 19,2009- Resolution # 2009- 340 Council authorized and approved the agreement and
grant in the amount of$50,000.
September 15, 2008- Resolution # 2008- 370 Council authorized and approved the agreement
and grant in the amount of$32,500.
November 5, 2007 - Resolution # 2007- 432 Council authorized and approved the agreement
and grant in the amount of $52,000.
October 16, 2006 - Resolution # 2006-365 Council authorized and approved the agreement and
grant in the amount of $54,000.
Recommended motion:
C::~~
Adopt the resolution.
Contact person:
Peggi Hazlett
Phone: 5133
Supporting data attached: SR, reso, and agreement
Ward: I
FUNDING REQUIREMENTS: Amount: $ 67,625
Source: (Acct. No.) 001-090-5185-0000-0052
(Acct. Description) Fine Arts funding
Finance:
Council Notes:
Agenda Item No. / 0
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Subiect:
STAFF REPORT
Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the
execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture.
Backnound:
Eight non-profit organizations submitted applications for the 2011-2012 fine arts grants. Total
amount requested for FY 011/12 was $175,535. A total of$133,500 is budgeted annually for
fine arts grants. The granted amount for the Sinfonia Mexicana was the only grant awarded by
the Fine Arts Commissioners to exceed $25,000. All additional grants awarded will be handled
administratively with the City Manager's Office.
The deadline for grant applications was July 22,2011. Copies of the applications and
background material received were delivered to the Fine Arts Commissioners for review prior to
their meeting held on August 30-31, 2011. Commissioners independently reviewed the
submitted materials and grant packages and made their final decision on grant allocations for
recommendation to the Mayor and Common Council.
.
The Sinfonia Mexicana submitted a grant application on behalf of the Sinfonia and an additional
application to fund the Mariachi Youth Academy. lt was noted by the Commissioners that the
same non-profit tax identification number was being used on both applications. Therefore, the
Commissioners decided to handle the applications as one and allocate funding to the Sinfonia
Mexicana for concerts and the Mariachi Youth Academy (MY A).
The Fine Arts Commission is charged with making the difficult decision on how to effectively
allocate the limited funds budgeted for the promotion of arts and culture in the City of San
Bernardino. The following is the recommendation by the Fine Arts Commission for FY 11/12.
1.
2.
3.
4.
5.
6.
7.
8.
9.
13.
Canto Bello Chorale
Inland Dance Theatres
Inland Theatre Works
Junior University
LJR Intellect Academy
Music is the Key to Life
Opera TheatrelCSUSB
Prime Time Choraliers
Sturges Center Foundation
Sinfonia MexicanaIMY A
2010/11
$ 9,250
$ 20,000
$ 10,000
$ 12,500
$
$ 5,000
$ 6,000
$ 3,400
$
$ 67,350
2011/12
$ 8,750
$ 17,000
Did not submit grant
$ 15,775
$ 6,000
Did not submit grant
$ 8,000
$ 3,350
$ 7,000
$ 67,625
Fiscal Impact:
Grant award in the amount of$67,625 from the account for Fine Arts funding (Account No. 001-
090-5185-0000-0052).
Account Budgeted Amount :
Balance as of9120/11 :
Requested amount:
Balance after approval of item:
Recommended grants under $25,000:
Final Balance for 11/12:
$133,500
$133,500
$ 67,625
$ 65,875
$ 65,875
$ -0-
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
AN BERNARDINO AUHORIZING THE EXECUTION OF AN AGREEMENT WITH
HE SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager of the City of San Bernardino is hereby
8 uthorized and directed to execute on behalf of said City an Agreement with Sinfonia
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exicana, a copy of which is attached marked Exhibit "A" and incorporated herein by
eference as fully as though set forth at length.
SECTION 2. The authorization to execute the above referenced agreement is
escinded if the parties to the agreement fail to execute it within sixty (60) days of passage
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
2 BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE
SINFONIA MEXICANA FOR THE PROMOTION OF ARTS AND CULTURE.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a regular meeting thereof, held on the 3rd day
of October, 2011, by the following vote, to wit:
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Council Members:
AYES
NAYS
ABSTAIN
ABSENT
MARQUEZ
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10
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JENKINS
BRINKER
SHORETT
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LLEY
C CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of ,2011.
Patrick J. Morris, Mayor
City of San Bernardino
AMES F. PENMAN,
ity Attorney
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- 2 -
Exhibit "A"
AGREEMENT
Fine Arts Funding
THIS AGREEMENT is entered into between the CITY OF SAN
BERNARDINO, a municipal corporation, referred to as "City" and
the Sinfonia Mexicana, a non-profit organization, referred to as
"Organization"
The parties agree as follow:
1. Recitals.
A. Organization has requested financial
assistance from City for fiscal year 2011-12, in order to assist
in defraying the expense of certain concerts, shows, festivals,
events, or activities sponsored by Organization as set forth in
Organizatiod s grant proposal (hereinafter "the proposal")
approved by the Fine Arts Commission of City. The financial
assistance provided for in this agreement is made on a one-time
only basis, and receipt of said funds shall not imply a
continuing obligation of City beyond the terms of this
Agreement.
B. The expenditure is for a valid municipal public
purpose, to wit: for the promotion of art appreciation in San
Bernardino, as more fully set forth in the proposal submitted by
Organization.
2. Payment. Upon presentation of a claim to the City
Manager's Office, City shall pay to Organization from the budget
for the 2011-12 fiscal year, the total sum of $67,625.00, to
cover the costs per Fine Arts grant application agreement.
3. Use of Funds. The funds paid to Organization shall be
used solely for the purposes set forth in Paragraph 1 and in
strict compliance with the provisions set forth in the
agreement. No deviation from the agreement shall be made
without the written approval of the City of San Bernardino.
Said funds shall be expended by June 30, 2012, and any
unexpended funds shall be returned to City by Organization.
AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
4. Accounting. Within 20 days after the completion of
the event, the Organization shall submit to the City Manager's
Office, with a copy to the Director of Finance, an accounting of
the actual expenditures connected with said event(s) as it
relates to the funds which were provided by the City. Financial
records shall be maintained in accordance with generally
accepted accounting principles by Organization in such manner as
to permit City to easily trace the expenditures of the funds.
All books and records of Organization are to be kept open for
inspection at any time during the business day by the City or
its officers or agents. Failure to submit the financial records
in accordance with this section will result in the Organization
reimbursing the funds to the City.
5. Hold Harmless. Organization covenants'and
agrees to defend, indemnify, and hold harmless the City of San
Bernardino, its elective and appointive boards, commissions,
officers, attorneys, agents, and employees from all liabilities
and charges, expenses (including attorney fees), suits, or
losses however occurring, or damages arising or growing out of
the use or receipt of the funds paid hereunder and all
operations under this agreement. Payments hereunder are made
with the understanding that the City is not involved in the
performance of services or other activities of Organization.
Organization and its employees and agents are independent
contractors and are not employees or agents of the City in
performing said services. Organization further warrants that it
has secured all rights and permissions to perform any works of
intellectual property publicly or use any names, marks, or trade
names, including any licenses necessary, to use any intellectual
property, including, but not limited to, any works protected by
state and federal statutory and common law copyright, right of
publicity, and trademark/unfair competition laws, or any other
proprietary rights.
Organization agrees to indemnify, hold harmless, and defend the
City of San Bernardino, including its employees, contractors,
and agents, from and against any claims or lawsuits, including
costs, expenses, and attorney fees, that arise or result from
any allegation of intellectual property infringement by
organization.
The costs, salary, and expenses of the City Attorney and members
of his office in enforcing this Agreement on behalf of the City
shall be considered as "attorney fees" for the purposes of this
paragraph.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
6. Termination. City shall have the right to terminate
this Agreement and any funding remaining unpaid hereunder for
any reason by mailing a ten-day written notice to Organization
and this Agreement shall terminate ten days after the mailing of
such notice. In the event this Agreement is terminated for
reasons of improper use of funds or use of funds for any purpose
other than those authorized, any unexpended portion of funds
provided by City shall be returned to City. In addition,
Organization shall reimburse to City any funds expended which
were used for any purpose other than those authorized under this
Agreement.
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interest
City.
Assignment. Organization shall not assign its
in this Agreement without the prior written approval
of
8. Insurance. Organization shall take out and
maintain during the life of this Agreement such public liability
and property damage insurance, naming the City and its elective
and appointive boards, commissions, officers, attorneys, agents,
and employees as additional insured by Organization and its
agents performing acts covered by this Agreement from claims for
personal injury, including death, as well as from claims for
property damage which may arise from Organization's or its
agents' operation hereunder, whether such operations be by
Organization or its agent or by anyone directly or indirectly
employed by either Organization or its agents, and the amounts
of such insurance shall be as follows:
(a) Public Liability Insurance. In an amount not less
than $1,000,000 for injuries, including, but not limited to,
death, to any person, and subject to the same limit for each
person, in an amount not less than $100,000 on account of any
one occurrence.
(b) Property Damage Insurance. In an amount not less than
$50,000 for damage to the property of each person on account of
anyone occurrence.
(c) Workers Compensation. Organization shall provide
worker compensation insurance in the amount required by state
law if the funds provided hereunder are to be paid as a salary
to any employee of organization. Organization shall require
that all rights of subrogation under such policy of workers
compensation insurance shall be waived as to City. City shall
be set forth as an additional named insured in each policy of
insurance provide hereunder.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONIA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
(d) The Certificate of Insurance furnished to the City
shall require the insurer to notify the City of any change or
termination in the policy.
9. Obligation. Organization hereby covenants that it
has taken all actions necessary to make the adherence to the
obligations imposed by this agreement a binding obligation of
Organization.
10. Notices. All notices herein required shall be in
writing and delivered in person or sent by certified mail,
postage prepaid addressed as follows:
As to City:
As to Organization:
Mayor's Office
City of San Bernardino
300 North ~DH Street
San Bernardino, CA. 92418
Anthony Bocanegra
SINFONIA MEXICANA
562 West 4th Street
San Bernardino, CA. 92401
11. Entire Agreement. This Agreement and any other
documents or instruments attached hereto or referred to herein
integrate all terms and conditions mentioned herein or
incidental hereto, and supersede all negotiations and prior
writing in respect to the subject matter hereof. In the event
of conflict between the terms, conditions, or provisions of this
Agreement, and any such document or instrument, the terms and
conditions of this Agreement shall prevail.
12. Non-Discrimination. Organization agrees that for the
term of this Agreement it shall not discriminate in employment
recruitment, hiring, admission practices, and advertising or in
any other manner on the basis of race, color, religion, national
origin, marital status, mental or physical disability, medical
condition, gender, age, sexual orientation, or any other status
protected by law.
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AGREEMENT RE: THE CITY OF SAN BERNARDINO AND THE SINFONlA MEXICANA FOR THE
PROMOTION OF THE ARTS AND CULTURE.
CITY OF SAN BERNARDINO
Date:
Charles McNeely,
City Manager
ATTEST:
Rachel G. Clark, City Clerk
SINFONIA MEXICANA
By:
Anthony Bocanegra,
President
Approved as to form:
James F. Penman
City Attorney
By:
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